Heirs of Wilson v. Life & Fire Insurance Co. of New York, 37 U.S. 140 (1838)
U.S. Supreme CourtHeirs of Wilson v. Life & Fire Insurance Co. of New York, 37 U.S. 12 Pet. 140 140 (1838)
Heirs of Wilson v. Life & Fire Insurance Co. of New York
37 U.S. (12 Pet.) 140
In certain proceedings for the sale of property mortgaged, the widow and children of the deceased owner of the property were made defendants. The District Court of Louisiana gave a judgment in favor of the plaintiffs. The widow was entitled to her community in the property mortgaged, and had taken the property at the appraisement and estimation. The writ of error to the District Court of Louisiana was issued in the name of "The heirs of Nicholas Wilson," without naming any person as plaintiff. The widow of Nicholas Wilson did not join in the writ of error. The writ of error was dismissed on the two grounds: that no person was named in it and that the widow of Nicholas Wilson had not joined in it.
The rule of court is that where there is a substantial defect in the appeal or writ of error, the objection may be taken at any time before the judgment on the ground that the case is not legally before the court, and that it has not jurisdiction to try it.
The cases of Deneale v. Stump's Executors 8 Pet. 526; and, Owings v. Kincannon, 7 Pet. 399, cited.